Stone v. Boston & Maine Railroad
Supreme Court of New Hampshire
The plaintiff’s evidence tended to prove the following facts: Stone was thirty-four years old, in good health, and possessed all his faculties. For three weeks immediately preceding his death he had been employed as a farm laborer by Martha Bowers of Sanbornton, for whom he had worked on a former occasion. He frequently drove to Laconia, and on each trip passed over the Winnisquam crossing.
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The plaintiff’s evidence tended to prove the following facts: Stone was thirty-four years old, in good health, and possessed all his faculties. For three weeks immediately preceding his death he had been employed as a farm laborer by Martha Bowers of Sanbornton, for whom he had worked on a former occasion. He frequently drove to Laconia, and on each trip passed over the Winnisquam crossing. At the time of the accident he was driving a safe horse attached to a hay-rack containing an empty barrel and a tin wash-boiler. As he drove upon the crossing from the east he was struck by the locomotive,…
1Opinion of the CourtRemtck, J.
1. The question and answer regarding the condition of the “times” in Laconia were not “so inconsistent with legal fairness of trial as to make it a matter of law' that there should be a new trial,” especially in view of the immediate action of the court excluding the evidence and instructing the jury not. to heed it. Aldrich v. Railroad, 67 N H. 380, 382; Gilman v. Laconia, 71 N. H. 212.
2. Bearing upon the probability whether the decedent exercised care at the crossing upon the occasion in question, it was competent to show by the decedent’s widow and Martha Bowers that in passing over the…
2Cases cited11 opinions
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
- Folsom v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Davis v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1894
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3Cited by3 opinions
- Gray v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1909
- Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
- Tucker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905